THE HON’BLE DISTRICT COURT OF DELHI

CIVIL APPEAL NO _ OF 2019

MR.KHALBALI……………………………………………………………………………PLAINTIFF

VERSUS

MS.SANSANI…………………………………………………………………………..RESPONDANT

IN THE MATTER AGREEMENT BETWEEN TWO PARTIES ENTERING INTO

CONTRACT

MEMORIAL ON BEHALF OF RESPONDENT

 TABLE OF CONTENTS

LIST OF ABBREVIATIONS…………………………………………………………...………4

INDEX OF AUTHORITIES……………………………………………………………...…….5

Lists of Cases…………………………………………………………………………….5

Books & Treaties…………………………………………………………….….............6

Statutes……………………………………………………………………….……….….7

STATEMENT OF JURISDICTION………………………………………………….………...8

STATEMENT OF FACTS……………………………………………………………………….9

STATEMENT OF ISSUES…………………………………………………………………….10

SUMMARY OF ARGUMENTS……………….…………………………………………...….11

ARGUMENTS ADVANCED………………………………………………………………….12

[1] WHETHER THE AGREEMENT ENTERED BY AN GENERAL OFFER WAS VOID OR VALID?

[2] WHETHER KHALBALI CAN RECOVER MONEY FROM SANSANI?

PRAYER…………………………………………………………………………………..……
 LIST OF ABBREVIATION

& And M.P. Madhya Pradesh

§ Section Mad. Madras
A.P. Andhra Pradesh NOC Notes Of Citations
AIR All India Report Ori. Orissa
Anr Another Ors. Others
Art. Article P&H Punjab and Haryana
Corprn. Corporation P.M. Post Meridian
Cri. Criminal P.W. Prime Witness
Cr.R Criminal Ruling Pat. Patna
Cri.LR Criminal Law Report Punj. Punjab
CrLJ Criminal Law Journal S.L.T Supreme Law Times
Cur LJ Current Law Journal SC Supreme Court
Cut LT Cuttak Law times SCC Supreme Court Cases

Edn. Edition Sd. Signed

F.I.R. First Information Sim. Shimla
Report
Gau. Guwahati Sim.L J Shimla Law Times
Govt. Government Supp. Supplement
Guj. Gujrat U.P Uttar Pradesh
H.P. Himachal Pradesh u/s Under Section
Unnati Industrial
Hon’ble Honorable UIC Corporation
J.C.C Journal of Criminal v. Versus
Cases
Lah. Lahore Vol. Volume
LJex Law Journal W.B. West Bengal
Exchequer
 INDEX OF AUTHORITIES

LIST OF CASES

BOOKS

1. Pollock and mulla, The indian contract and specific relief act,Vol1;14th Edition;2013

2. Pollock and mulla, The indian contract and specific relief act,Vol2;14th Edition;2013

3. Singh,avtar, contract and specific relief; 11th Edition;2013

STATUTES

1. Indian contract act,1872

2. Indian majority act,1875

 STATEMENT OF JURISDICTION

The council on the behalf of respondent most humbly and respect fullysubmits to

the jurisdiction of the district court of Delhi under section 9 of the civil procedure

code, 1908.
 STATEMENT OF FACTS

1. Sansani, a minor, who was renowned film star wanted a small party house and a
swimming pool in her garden. She released a tender by misrepresenting that she is a
major. Mr. Khalbali, a building Contractor agreed to work for Rs.5,00,000. The amount
was to be paid in installments after completing different phase of work.
2. Both the parties to contract knew this was very low price and construction can’t be
completed in this much amount but then also Mr. Khalbali began the construction work.
After completing the party house Mr. Khalbali ran out of the money. Sansani said to Mr.
Khalbali that he can continue to work with his own money and the money will be
returned when she secures next contract for movie.
3. Sansani had poolside party in which she invited top film directors. Sansani got starring
role in new movie. But her new movie was a flop and she was unable to pay Mr. Khalbali
amount of Rs. 3,00,000 which was used in construction of pool. Mr. Khalbali compelled
Sansani to dance for which he will release Sansani from her debt in the party which he
organized in which he invited rich people, relatives, and friends in order to secure
contracts regarding building construction. Sansani agreed for this but before the party she
got sprain in her legs during the rehearsals. Then she didn’t perform in the party.
4. on the eighteenth birthday of Sansani both the parties to alter the contract that Sansani
will repay the amount in EMIs of 10,000/per month. Sansani later found that the
construction of party house and swimming pool was done very badly, low quality
material was used in the construction.
5. She estimated that the construction would not have cost more than 3,50,000, to Mr.
Khalbali. Sansani dispose-off the property in Rs.9,00,000 without giving single penny to
Mr. Khalbali because of his foul play in construction. Mr. Khalbali started to put
enormous pressure on Sansani to recover the money. But he couldn’t recover after
waiting for reasonable time, so Mr. Khalbali gave notice for repayment within 15 days,
but no reply was given by Sansani.
 STATEMENT OF ISSUES

ISSUE 1

WHETHER THE AGREEMENT ENTERED BY AN GENERAL OFFER WAS VOID OR VALID?

ISSUE 2

WHETHER KHALBALI CAN RECOVER MONEY FROM SANSANI?

 SUMMARY OF ARGUMENTS

ISSUE 1 SUMMARY

FIRST OF ALL, SANSANI WAS A MINOR. SO, CONTRACT WAS VOID AB INITIO FROM

THE BEGINNING.AS UNDER SEC 11 OF INDIAN CONTRACT ACT 1872 SANSANI IS

NOT COMPETENT TO CONTRACT

ISSUE 2 SUMMARY

KHANBALI CANNOT RECOVER MONEY FROM SANSANI BECAUSE AN AGREEMENT

ENTERED WITH MINOR IS NULL

ADVANCED ARGUMENTS

ISSUE1: WHETHER THE AGREEMENT ENTERED BY AN GENERAL OFFER WAS VOID OR VALID?

It is humbly submitted by the RESPONDENT that the actions of the PETITIONER refusing to

pay her debts to the Petitioner directed to infringement on his part. When both the parties entered

into an agreement of establishing the contract was that it had the consideration of 500.000 where

min entered into the contract.

THE AGREEMENT BY THE GENERAL OFFER BY S., KHABALVOTAS -

ACCORDING TO THE b1CA-172 SC 10 SAYS –

What agreements are contracts - All agreements are contracts if they are

made by the free consent of parties competent to contract, for a lawful consideration and

with a lawful object, and are not hereby expressly declared to be void All agreements are

contracts if they are made by the free consent of parties competent to contract, for a lawful

consideration and with a lawful object, and are not hereby expressly declared to be void."

Nothing herein contained shall affect any law in force in India, and not hereby expressly

repealed, by which any contract is required to be made in writing or in the presence of

witnesses, or any law relating to the registration of documents

It tell about the competence of the party and as we know that Sansei is not competent to

the contract.

As according to the sec. 11 of ICA-1872 which says SEC 11-

Who are competent to contract? -Every person is competent to contract who is of

the age of majority according to the law to which he is subject, 1 and who is of sound mind

and is not disqualified from contracting by any law to which he is subject.

Every person is competent to contract who is of the age of majority according

to the law to which he is subject, and who is of sound mind and is not

disqualified from contracting by any law to which he is subject."

As sansani was minor they entered into she was the age of 16 years and was not the age of

majority

According to the IMA 1875 SEC 3 - it says Age of majority of persons domiciled in India

Every person domiciled in India shall attain the age of majority on his completing the age of

eighteen years and not before. & as she was not 18 there would be no possible contract in the

eyes of law.

ISSUE 2: WHETHER KHALBALI CAN RECOVER MONEY FROM SANSANI?

THE FACT THAT MINOR CANNOT GIVE BACK THE MONEY AS SANSEI WAS A MINOR WHEN THEY HAD
AGREEMENT

AGREEMENT AS STATED IN THE FACT & AND THE SEC .10 & 11 OF ICA-1872 & AND SEC.3 OF
IMA 1875

PROVES THAT SANSANI IS A MINOR. AND MR. KHALBALI IS NOT ENTITLED OF RESTORING THE
MONEY FROM

SANSANI AS THE AGREEMENT WAS VOID-AB-INITIO. AND AS THE AGREEMENT WAS VOID-AB-INITIO
WHICH

MEANS THAT IT WAS NULL AND VOID FROM ITS INITIAL POINT SO THEY CAN 'T ALTER THE CONTRACT
AS THEY DID
WHEN SANSASNI TURNED TO BE 18 YEARS OF AGE BUT ALTERATION OF THE AGREEMENT CAN'T BE
DONE WHEN

THE AGREEMENT IS NOT ENFORCED AS IT IS VOID-AB-INITIO THUS MR. KHALBALI IS NOT ENTITLED
OF RESTORING

THE MONEY BACK FROM THE SANSANI

 PRAYER

Wherefore in the light of facts stated, issues raised, authorities cited and arguments advanced, it

is most humbly prayed on behalf of the respondent before the Hon’ble Court that it may be

please.

1.The present petition is not allowed.

2.That there is an agreement between Ms. Sansani and mr. khalbali

AND/OR

Pass any other writ, order, or direction which the court may deem fit in the ends of equity,

justice, expediency and good conscience in favor of the Respondents. All of which is respectfully

submitted.

Sd/-

(Counsels on behalf of Respondents)

Made by- Satyam soni

Rollno.161